RWANDA
Since March 2012
Pillar Cross-border data policies |
Sub-pillar Ban to transfer and local processing requirement
Ministerial Instruction No. 001/MINICT/2012 of 12/03/2012 related to the Procurement of Information, Communication and Technology goods and services by Rwanda Public Institutions
Art. 17 of the Ministerial Instructions on ICT Procurement denotes that all Government IT systems and applications that provide critical Government data shall be hosted in the National Data Center (NDC). Similarly, Art. 18 of the Ministerial Instruction on ICT states that Government institutions that host applications in their own data centers shall obtain backup services from the NDC.
Coverage Public sector
Sources
RWANDA
Since May 2016
Pillar Cross-border data policies |
Sub-pillar Ban to transfer and local processing requirement
Regulation No. 001/R/TD-ICS/RURA/016 OF 06/05/2016 Governing Telecom Network Security in Rwanda
Art. 16 of the Regulation Governing Telecom Network Security of 2016 restricts telecommunication service providers from transferring, storing or processing subscribers information outside of the Republic of Rwanda.
In 2017, Rwanda’s telecommunications regulator fined MTN Rwanda (a subsidiary of South Africa’s MTN Group) USD 8.5 million (10% of its annual turnover) for failing to process Rwandan customer data in the country by transferring it to Uganda and for running its information technology services outside Rwanda.
In 2017, Rwanda’s telecommunications regulator fined MTN Rwanda (a subsidiary of South Africa’s MTN Group) USD 8.5 million (10% of its annual turnover) for failing to process Rwandan customer data in the country by transferring it to Uganda and for running its information technology services outside Rwanda.
Coverage Telecommunications sector
Sources
RWANDA
N/A
Pillar Telecom infrastructure and competition |
Sub-pillar Presence of independent telecom authority
Presence of independent telecom authority
It is reported that the Rwanda Utilities Regulatory Authority (RURA), the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process.
Coverage Telecommunications sector
RWANDA
Since January 2018, entry into force in February 2018
Pillar Cross-border data policies |
Sub-pillar Ban to transfer and local processing requirement
Regulation No. 02/2018 of 24/01/2018 on Cybersecurity
Art. 3 of the Regulation on Cybersecurity states that "Any bank licensed by the Central Bank must maintain its primary data on the territory of the Republic of Rwanda."
Coverage Financial sector
RWANDA
Since May 2020
Pillar Telecom infrastructure and competition |
Sub-pillar Other restrictions to operate in the telecom market
Regulation No. 010/R/CRCSI/RURA/020 OF 29/05/2020 Governing Cybersecurity
Art. 15 of the Regulation Governing Cybersecurity states that "All networks, systems and applications of the licensee shall not be managed, hosted, remotely accessed or located outside of the Republic of Rwanda unless explicitly authorized by the Regulatory Authority." This requirement applies to all ICT infrastructure and services, which include "data, system, equipment, networks and applications" (Art. 2).
In 2017, Rwanda’s telecommunications regulator fined MTN Rwanda (a subsidiary of South Africa’s MTN Group) USD 8.5 million (10% of its annual turnover) for failing to comply with a licence condition to process Rwandan customer data in the country by transferring it to Uganda and for running its information technology services outside Rwanda.
In 2017, Rwanda’s telecommunications regulator fined MTN Rwanda (a subsidiary of South Africa’s MTN Group) USD 8.5 million (10% of its annual turnover) for failing to comply with a licence condition to process Rwandan customer data in the country by transferring it to Uganda and for running its information technology services outside Rwanda.
Coverage Telecommunications sector
Sources
- https://rura.rw/fileadmin/Documents/ICT/Laws/Regulation_Governing_Cybersecurity.pdf
- https://www.google.com/url?q=https://www.wits.ac.za/media/wits-university/faculties-and-schools/commerce-law-and-management/research-entities/mandela-institute/documents/research-publications/800511%2...
- https://www.cnbcafrica.com/2017/rwanda-utilities-regulatory-authority-fines-mtn-us-85m-non-compliance/
- Show more...
RWANDA
N/A
Pillar Telecom infrastructure and competition |
Sub-pillar Signature of the WTO Telecom Reference Paper
Lack of appendment of WTO Telecom Reference Paper to schedule of commitments
Rwanda has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector
RWANDA
N/A
Pillar Telecom infrastructure and competition |
Sub-pillar Functional/accounting separation for operators with significant market power
Lack of mandatory functional and accounting separation for dominant network operators
It is reported that Rwanda does not mandate functional or accounting separation for operators with significant market power (SMP) in the telecom market.
Coverage Telecommunications sector
RWANDA
Since February 2021
Pillar Telecom infrastructure and competition |
Sub-pillar Other restrictions to operate in the telecom market
Regulation No_013/R/EC-ICT/RURA/2021 of 25/02/2021 Governing Licensing in Electronic Communication
Art. 29 of the Regulation Governing Licensing in Electronic Communication highlights that a Performance bond is required to the license applicant who must pay the loss incurred by the end user or consumer as a result of the failure of the licensee to meet the license obligations. It is reported that this acts as a strict licensing requirement to obtain licences in the telecom and communication sectors, as the applicant must pay a certain amount in advance.
The performance bond applies to any applicant who:
- Providers of subscription services to end users;
- Retailers of internet services;
- Providers of prepaid services to end users;
- Any other applicant that may be considered as such by the Regulatory Authority.
The performance bond applies to any applicant who:
- Providers of subscription services to end users;
- Retailers of internet services;
- Providers of prepaid services to end users;
- Any other applicant that may be considered as such by the Regulatory Authority.
Coverage Telecommunications sector
RWANDA
N/A
Pillar Telecom infrastructure and competition |
Sub-pillar Passive infrastructure sharing obligation
Requirement of passive infrastructure sharing
It is reported that there is an obligation for passive infrastructure sharing in Rwanda to deliver telecom services to end users. It is practiced in the mobile sector and in the fixed sector based on commercial agreements.
Coverage Telecommunications sector
RWANDA
Since October 2009
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Effective protection covering trade secrets
Law No. 31/2009 of 26/10/2009 on the Protection of Intellectual Property
There no comprehensive legal framework for trade secret protection in Rwanda. Limited provisions for trade secrets can be found in Law No. 31/2009 of 26/10/2009 on the Protection of Intellectual Property. According to Article 185, any act or practice, in the course of industrial or commercial activities, that results in the disclosure, acquisition, or use by others of secret information without the consent of the rightful holder and in a manner contrary to honest commercial practices constitute an act of unfair competition. Violation of acts of unfair competition is a criminal offence under Article 263.
Coverage Horizontal
RWANDA
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Signature of the WIPO Performances and Phonogram Treaty
Lack of signature of the WIPO Performances and Phonograms Treaty
Rwanda has not signed the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
RWANDA
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Signature of the WIPO Copyright Treaty
Lack of signature of the WIPO Copyright Treaty
Rwanda has not signed the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
RWANDA
Since 2020
Since December 2009
Since December 2009
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Copyright law with clear exceptions
Guidelines for Intellectual Property Registration - Published by the Office of the Registrar General Intellectual Property Division, Rwanda development Board, Year 2020
Law No. 31/2009 of 26/10/2009 on the Protection of Intellectual Property
Law No. 31/2009 of 26/10/2009 on the Protection of Intellectual Property
In Section 4.7 of the Guidelines for Intellectual Property Registration, it is highlighted that under the fair use doctrine governing intellectual property, it is permissible to use limited portions of a work including quotes, for purposes such as commentary, criticism, news reporting, and scholarly reports. This means anyone can use protected work for education purposes, commentary, criticism, news reporting without the consent of the right owner. The Guidelines for Intellectual Property Registration complements the different provisions of Law No. 31/2009 on the Protection of Intellectual Property in Rwanda. Arts. 203-215 of the Law provide the limitation to economic rights, including a broad list of limitations and exceptions to copyright.
Coverage Horizontal
RWANDA
Reported in 2020
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Practical or legal restrictions related to the enforcement of patents
Lack of effective enforcement of patents
It is reported that there is weak enforcement of patents' rights due to inadequate capacity and knowledge of intellectual property law by the justice sector which affect the ruling of infringement cases.
Coverage Horizontal
RWANDA
Since August 2011
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Participation in the Patent Cooperation Treaty
Patent Cooperation Treaty (PCT)
Rwanda is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal